Special Case IEP | Autism PDD

I'm looking to see if anyone has had to deal with Chronic Illnesses and IEPs.

Homebound services would not work (too ill to work when out), but the child misses 20-30% of school intermittently- any suggestions on services / modifications / supports?

Any legal right to make up therapies when out sick the day of a session (even though sessions aren't scheduled?)

Does the district have any right to waive meeting goals because the child is sick a lot?

Does the district have any right to say they "can't" provide adequate FAPE or show academic progress because the child is sick a lot?

FYI: OHI classification IS on the IEP.

Thanks in advance for any help / suggestions.

Darn - no creative thinkers yet???? (including me

Are there no more teachers on the forum? (haven't been here for a few months)

Most of us are fortunate enough to have healthy kids, so we don't have much experience with this. But I DO know that the IEP Team is REQUIRED to give every single child FAPE. It may be that you'll need to arrange homebound services for a longer period of time to give your child to recover his health (if that's the situation). If you post more details, perhaps someone will be able to help. Also, I'd change the name of this post to be more descriptive. EVERY IEP is a special case. That's the I in IEP. And that's the point you need to make to the IEP Team. THEY are the ones who will have to be "creative thinkers" And you are a member of the IEP Team, so if I were you I'd come up with a solution to present to them. They HAVE to give your child FAPE, illness or not. Also, it might be worth paying for some advice from a local advocate who may know your district and know how to negotiate with them.

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horanimals39215.5925462963

You must convene an IEP meeting and ask the TEam to come up with a solution for this. You may be able to get compensatory services. They HAVE to find a way to accommodate his illness. Speak to the doctor you are bringing him to to see what other parents of kids with similar problems do. You can always hold him back and have him repeat a grade. It would seem to me that if your child misses 25% of the classes that is clearly due to his, he should get a certain number of hours per week of home tutoring to fill in the gaps. But that would take some really advanced advocacy work. If you have it in writing from a doctor that these absences truly are due to a medical condition, the school has to accomodate that true the spec. ed. classification of Other Health Impaired. Since yours is a rare situation, I'd look to organizations for parents of children with your child's disability for advice. Kids on the autism spectrum don't typically have this issue, so most of us have no experience in dealing with absences as frequent as those your son is experiencing.

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horanimals39215.5923263889

His disability is not "his fault." And that's why they are not "making up" for his absences. His IEP must address this chronic disability in some way. Ask the IEP Team specifically to come up with a plan to address this part of your son's disability. Put the quest for a solution in their lap. In order to support the fact that frequent absences is part of your son's disability, have the doctors write reports explaining it. Also, ask the school (in writing) for their official policy on how they address the absences of ANY student with a chronic health problem. They cannot treat your son with less deference.

I believe you said he was lethargic when sent to school on those days. If it's lethargy that's keeping him home and not fever or pain, I'd send him. So what if he falls asleep at the desk. Then it's THEIR problem and they WILL figure out a way to address it. If he's home, they never have to hold up their end of the educational bargain. Of course, if it's impossible for him to attend school on those days for his own safety, you may not be able to use that tactic. But if it is at all feasible, I'd get him to school and then let THEM deal with it.

Also, kids can remain in school until they are 21 years old. It may be that your son will have to repeat grades in order to get in enough class time to learn what he has to learn. DON'T let the schools pass him into another grade if he hasn't met this year's grade standards. Read NCLB and make them heed every provision there. IDEA is now totally aligned with NCLB. And keeping kids from graduating with their age cohort counts AGAINST school districts, so they don't like to hold kids back. That might motivate them to provide more help DURING the school year.

If you can't afford a lawyer or can't find one who'd take your case on pro bono (they'd get paid from the SD should they win your case), you'll have to use your own wits and what you can find in the law plus whatever advocacy support you can get to help your child. A forum such as this one can't possibly have enough information about your child or the important players to give you the sort of advice you clearly need. It's definitely a difficult situation, but IDEA was written specifically so that cases like your son's wouldn't fall through the cracks. The key is getting the school district to step up to the plate and MEET their responsibilities. Without the stick of legal recourse, you are definitely at a disadvantage. See if you can prevail upon an ed lawyer to take on your son's case pro bono. The attraction would be that this case could set precedent and a good lawyer might salivate at that possiblity.

Thank you for your comments Tzoya.

ETA: to delete posts - too much info!